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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33714
Experience:  15 years real estate, Realtor. Landlord 26 years
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My Landlord in Baltimore City, is trying to terminate our

Customer Question

My Landlord in Baltimore City, is trying to terminate our lease which originally was supposed to end on Aug 30, 2015( started on Aug 30 2014). At the beginning of the lease mutually agreed and signed on the contract a month to month renewal after the original lease ended on Aug 30 , 2015.
The notice requirements in our lease are as follows, If terminating the yearly lease 90 days notice required. If ending the month to month lease 60 days notice required( This is the Baltimore city law).
Now the landlord recently changed his mind and has been trying to force us to terminate the existing contract and sign a new one with one year term. Just because he is not happy with a monthly renewal.
My question is what is the earliest date when he can legally ask us to vacate the home.
Can he legally have us evicted on Aug 30 2015?
We will hire the services of an able attorney and sue him if needed for harassment and illegally trying to enforce a new contract and trying to retaliate.
Your answer is appreciated!
Thank You.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
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""My question is what is the earliest date when he can legally ask us to vacate the home. Can he legally have us evicted on Aug 30 2015?""
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If your fixed term lease expires on Aug 30, and the landlord hasn't provided the required 90 day notice prior to it expiring, you would become a month to month tenant as of Aug 31st. The landlord could then give you a 60 day notice Aug 31st which would then terminate your month to month lease 60 days later.
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Once this occurred, the landlord could file a formal eviction action in court, called a summary ejectment, if you hadn't moved out at the end of the 60 day notice. It will normally take 10-14 days to schedule the hearing and the landlord would then obtain a judgment. 5 days later, the landlord can get a "warrant of restitution" to have the sheriff oversee a physical eviction and restore the landlord to legal possession.
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So your timeframe from the time the landlord gives you the 60 day notice is about 75-85 days before he could have the sheriff physically force you to leave the premises.
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thanks
Barrister

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